[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1658 Reported in Senate (RS)]

                                                       Calendar No. 285

105th CONGRESS

  1st Session

                               H. R. 1658

                          [Report No. 105-148]

                          [Report No. 105-149]

_______________________________________________________________________

                                 AN ACT

To reauthorize and amend the Atlantic Striped Bass Conservation Act and 
                             related laws.

_______________________________________________________________________

                            November 8, 1997

                        Reported with amendments





                                                       Calendar No. 285
105th CONGRESS
  1st Session
                                H. R. 1658

                          [Report No. 105-148]

                          [Report No. 105-149]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 1997

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 2, 1997

 Ordered, that when reported, the bill be referred to the Committee on 
Environment and Public Works for a period not to exceed 20 session days 
  to report or be automatically discharged and placed on the calendar

                            November 8, 1997

                Reported by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

                            November 8, 1997

 Referred to the Committee on Environment and Public Works pursuant to 
                     the order of September 2, 1997

                            November 8, 1997

                Reported by Mr. Chafee, with amendments
  [Omit the part in boldface brackets and insert the part printed in 
                            boldface roman]

_______________________________________________________________________

                                 AN ACT


 
To reauthorize and amend the Atlantic Striped Bass Conservation Act and 
                             related laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atlantic Striped Bass Conservation 
Act Amendments of 1997''.

SEC. 2. REAUTHORIZATION AND AMENDMENT OF ATLANTIC STRIPED BASS 
              CONSERVATION ACT.

    The Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is 
amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Atlantic Striped Bass Conservation 
Act'.

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds and declares the following:
            ``(1) Atlantic striped bass are of historic commercial and 
        recreational importance and economic benefit to the Atlantic 
        coastal States and to the Nation.
            ``(2) No single government entity has full management 
        authority throughout the range of the Atlantic striped bass.
            ``(3) The population of Atlantic striped bass--
                    ``(A) has been subject to large fluctuations due to 
                natural causes, fishing pressure, environmental 
                pollution, loss and alteration of habitat, inadequacy 
                of fisheries conservation and management practices, and 
                other causes; and
                    ``(B) risks potential depletion in the future 
                without effective monitoring and conservation and 
                management measures.
            ``(4) It is in the national interest to implement effective 
        procedures and measures to provide for effective 
        interjurisdictional conservation and management of this 
        species.
    ``(b) Purpose.--It is therefore declared to be the purpose of the 
Congress in this Act to support and encourage the development, 
implementation, and enforcement of effective interstate action 
regarding the conservation and management of the Atlantic striped bass.

``SEC. 3. DEFINITIONS.

    ``As used in this Act--
            ``(1) the term `Magnuson Act' means the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).
            ``(2) The term `Atlantic striped bass' means members of 
        stocks or populations of the species Morone saxatilis, which 
        ordinarily migrate seaward of the waters described in paragraph 
        (3)(A)(i).
            ``(3) The term `coastal waters' means--
                    ``(A) for each coastal State referred to in 
                paragraph (4)(A)--
                            ``(i) all waters, whether salt or fresh, of 
                        the coastal State shoreward of the baseline 
                        from which the territorial sea of the United 
                        States is measured; and
                            ``(ii) the waters of the coastal State 
                        seaward from the baseline referred to in clause 
                        (i) to the inner boundary of the exclusive 
                        economic zone;
                    ``(B) for the District of Columbia, those waters 
                within its jurisdiction; and
                    ``(C) for the Potomac River Fisheries Commission, 
                those waters of the Potomac River within the boundaries 
                established by the Potomac River Compact of 1958.
            ``(4) The term `coastal State' means--
                    ``(A) Pennsylvania and each State of the United 
                States bordering on the Atlantic Ocean north of the 
                State of South Carolina;
                    ``(B) the District of Columbia; and
                    ``(C) the Potomac River Fisheries Commission 
                established by the Potomac River Compact of 1958.
            ``(5) The term `Commission' means the Atlantic States 
        Marine Fisheries Commission established under the interstate 
        compact consented to and approved by the Congress in Public 
        Laws 77-539 and 81-721.
            ``(6) The term `exclusive economic zone' has the meaning 
        given such term in section 3(6) of the Magnuson Act (16 U.S.C. 
        1802(6)).
            ``(7) The term `fishing' means--
                    ``(A) the catching, taking, or harvesting of 
                Atlantic striped bass, except when incidental to 
                harvesting that occurs in the course of commercial or 
                recreational fish catching activities directed at a 
                species other than Atlantic striped bass;
                    ``(B) the attempted catching, taking, or harvesting 
                of Atlantic striped bass; and
                    ``(C) any operation at sea in support of, or in 
                preparation for, any activity described in subparagraph 
                (A) or (B). The term does not include any scientific 
                research authorized by the Federal Government or by any 
                State government.
            ``(8) The term `moratorium area' means the coastal waters 
        with respect to which a declaration under section 5(a) applies.
            ``(9) The term `moratorium period' means the period 
        beginning on the day on which moratorium is declared under 
        section 5(a) regarding a coastal State and ending on the day on 
        which the Commission notifies the Secretaries that that State 
        has taken appropriate remedial action with respect to those 
        matters that were the case of the moratorium being declared.
            ``(10) The term `Plan' means a plan for managing Atlantic 
        striped bass, or an amendment to such plan, that is prepared 
        and adopted by the Commission.
            ``(11) The term `Secretary' means the Secretary of Commerce 
        or a designee of the Secretary of the Secretary of Commerce.
            ``(12) The term `Secretaries' means the Secretary of 
        Commerce and the Secretary of the Interior or their designees.

``SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL 
              STATES.

    ``(a) Determination--During December of each fiscal year, and at 
any other time it deems necessary the Commission shall determine--
            ``(1) whether each coastal State has adopted all regulatory 
        measures necessary to fully implement the Plan in its coastal 
        waters; and
            ``(2) whether the enforcement of the Plan by each coastal 
        State is satisfactory.
    ``(b) Satisfactory State Enforcement--For purposes of subsection 
(a)(2), enforcement by a coastal State shall not be considered 
satisfactory by the Commission if, in its view, the enforcement is 
being carried out in such a manner that the implementation of the Plan 
within the coastal waters of the State is being, or will likely be, 
substantially and adversely affected.
    ``(c) Notification of Secretaries--The Commission shall immediately 
notify the Secretaries of each negative determination made by it under 
subsection (a).

``SEC. 5. MORATORIUM.

    ``(a) Secretarial Action after Notification.--Upon receiving notice 
from the Commission under section 4(c) of a negative determination 
regarding a coastal State, the Secretaries shall determine jointly, 
within thirty days, whether that coastal State is in compliance with 
the Plan and, if the State is not in compliance, the Secretaries shall 
declare jointly a moratorium on fishing for Atlantic striped bass 
within the coastal waters of that coastal State. In making such a 
determination, the Secretaries shall carefully consider and review the 
comments of the Commission and that coastal State in question.
    ``(b) Prohibited Acts During Moratorium.--During a moratorium 
period, it is unlawful for any person--
            ``(1) to engage in fishing within the moratorium area;
            ``(2) to land, or attempt to land, Atlantic striped bass 
        that are caught, taken, or harvested in violation of paragraph 
        (1);
            ``(3) to land lawfully harvested Atlantic striped bass 
        within the boundaries of a coastal State when a moratorium 
        declared under subsection (a) applies to that State; or
            ``(4) to fail to return to the water Atlantic striped bass 
        to which the moratorium applies that are caught incidental to 
        harvesting that occurs in the course of commercial or 
        recreational fish catching activities, regardless of the 
        physical condition of the striped bass when caught.
    ``(c) Civil Penalties.--
            ``(1) Civil penalty.--Any person who commits any act that 
        is unlawful under subsection (b) shall be liable to the United 
        States for a civil penalty as provided by section 308 of the 
        Magnuson Act (16 U.S.C. 1858).
            ``(2) Civil forfeitures.--
                    ``(A) In general.--Any vessel (including its gear, 
                equipment, appurtenances, stores, and cargo) used, and 
                any fish (or the fair market value thereof) taken or 
                retained, in any manner, in connection with, or as the 
                result of, the commission of any act that is unlawful 
                under subsection (b) shall be subject to forfeiture to 
                the United States as provided in section 310 of the 
                Magnuson Act (16 U.S.C. 1860).
                    ``(B) Disposal of fish.--Any fish seized pursuant 
                to this Act may be disposed of pursuant to the order of 
                a court of competent jurisdiction, or, if perishable, 
                in a manner prescribed in regulations.
    ``(d) Enforcement.--A person authorized by the [Secretary] 
Secretaries or the Secretary of the department in which the Coast Guard 
is operating may take any action to enforce a moratorium declared under 
subsection (a) that an officer authorized by the Secretary under 
section 311(b) of the Magnuson Act (16 U.S.C. 1861(b)) may take to 
enforce that Act (16 U.S.C. 1801 et seq.). The [Secretary] Secretaries 
may, by agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment (including aircraft and vessels), and 
facilities of any other Federal department or agency and of any agency 
of a State in carrying out that enforcement.
    ``(e) Regulations.--The [Secretary] Secretaries may issue 
regulations to implement this section.

``SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS.

    ``(a) In General.--For the purposes of carrying out this Act, the 
Secretaries shall conduct continuing, comprehensive studies of Atlantic 
striped bass stocks. These studies shall include, but shall not be 
limited to, the following:
            ``(1) Annual stock assessments, using fishery-dependent and 
        fishery-independent data, for the purposes of extending the 
        long-term population record generated by the annual striped 
        bass study conducted by the Secretaries before 1994 and 
        understanding the population dynamics of Atlantic striped bass.
            ``(2) Investigations of the causes of fluctuations in 
        Atlantic striped bass populations.
            ``(3) Investigations of the effects of water quality, land 
        use, and other environmental factors on the recruitment, 
        spawning potential, mortality, and abundance of Atlantic 
        striped bass populations, including the Delaware River 
        population.
            ``(4) Investigations of--
                    ``(A) the interactions between Atlantic striped 
                bass and other fish, including bluefish, menhaden, 
                mackerel, and other forage fish or possible 
                competitors, stock assessments of these species, to the 
                extent appropriate; and
                    ``(B) the effects of interspecies predation and 
                competition on the recruitment, spawning potential 
                mortality, and abundance of Atlantic striped bass.
    ``(b) Socio-Economic Study.--The Secretaries, in consultation with 
the Atlantic States Marine Fisheries Commission, shall conduct a study 
of the socio-economic benefits of the Atlantic striped bass resource. 
The Secretaries shall issue a report to the Congress concerning the 
findings of this study no later than September 30, 1998.
    ``<DELETED>(b) </DELETED>(c) Reports.--The Secretaries shall make 
biennial reports to the Congress and to the Commission concerning the 
progress and findings of studies conducted under subsection (a) and 
shall make those reports public. Such reports shall, to the extent 
appropriate, contain recommendations of actions which could be taken to 
encourage the sustainable management of Atlantic striped bass.

``SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.

    ``(a) Authorization.--For each of fiscal years 1998, 1999, and 
2000, there are authorized to be appropriated to carry out this Act--
            ``(1) $800,000 to the Secretary of Commerce; and
            ``(2) $250,000 to the Secretary of the Interior.
    ``(b) Cooperative Agreements.--The Secretaries may enter into 
cooperative agreements with the Atlantic States Marine Fisheries 
Commission or with States, for the purpose of using amounts 
appropriated pursuant to this section to provide financial assistance 
for carrying out the purposes of this Act.

``SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND 
              AMENDMENTS.

    ``(a) Standards and Procedures.--In order to ensure the opportunity 
for public participation in the preparation of management plans and 
amendments to management plans for Atlantic striped bass, the 
Commission shall prepare such plans and amendments in accordance with 
the standards and procedures established under section 805(a)(2) of the 
Atlantic Coastal Fisheries Cooperative Management Act.
    ``(b) Application.--Subsection (a) shall apply to management plans 
and amendments adopted by the Commission after the 6-month period 
beginning on the date of enactment of the Atlantic Striped Bass 
Conservation Act Amendments of 1997.

``SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.

<DELETED>    ``(a) Regulation of Fishing in Exclusive Economic Zone.--
The Secretary shall promulgate regulations governing fishing for 
Atlantic striped bass in the exclusive economic zone that the Secretary 
determines are--</DELETED>
        <DELETED>    ``(1) consistent with the national standards set 
        forth in section 301 of the Magnuson Act (16 U.S.C. 
        1851);</DELETED>
        <DELETED>    ``(2) compatible with the Plan and each Federal 
        moratorium in effect on fishing for Atlantic striped bass 
        within the coastal waters of a coastal State; and</DELETED>
        <DELETED>    ``(3) sufficient to assure the long-term 
        conservation of Atlantic striped bass populations.</DELETED>
    ``(a) Regulation of Fishing in Exclusive Economic Zone.--The 
Secretary shall promulgate regulations governing fishing for Atlantic 
striped bass in the exclusive economic zone that the Secretary 
determines--
            ``(1) are consistent with the national standards set forth 
        in section 301 of the Magnuson Act (16 U.S.C. 1851);
            ``(2) are compatible with the Plan and each Federal 
        moratorium in effect on fishing for Atlantic striped bass 
        within the coastal waters of a coastal State;
            ``(3) ensure the effectiveness of State regulations on 
        fishing for Atlantic striped bass within the coastal waters of 
        a coastal State; and
            ``(4) are sufficient to assure the long-term conservation 
        of Atlantic striped bass populations.
    ``(b) Consultation; Periodic Review of Regulations.--In preparing 
regulations under subsection (a), the Secretary shall consult with the 
Atlantic States Marine Fisheries Commission, the appropriate Regional 
Fishery Management Councils, and each affected Federal, State, and 
local government entity. The Secretary shall periodically review 
regulations promulgated under subsection (a), and if necessary to 
ensure their continued consistency with the requirements of subsection 
(a), shall amend those regulations.
    ``(c) Applicability of Magnuson Act Provisions.--The provisions of 
sections 307, 308, 309, 310, and 311 of the Magnuson Act (16 U.S.C. 
1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil 
penalties, criminal offenses, civil forfeitures, and enforcement shall 
apply with respect to regulations and any plan issued under subsection 
(a) of this section as if such regulations or plan were issued under 
the Magnuson Act.''.

SEC. 3. REPEALS.

    (a) Anadromous Fish Conservation Act.--Section 7 of the Anadromous 
Fish Conservation Act (16 U.S.C. 757g) is repealed.
    (b) Albemarle Sound-Roanoke River Basin.--Section 5 of the Act 
entitled ``An Act to authorize appropriations to carry out the Atlantic 
Striped Bass Conservation Act for fiscal years 1989 through 1991, and 
for other purposes'', approved November 3, 1988 (16 U.S.C. 1851 note; 
102 Stat. 2984), relating to studies of the Albermarle Sound-Roanoke 
River Basin striped bass stock, is repealed.
    (c) Regulation of Fishing in Exclusive Economic Zone.--Section 6 of 
the Act entitled ``An Act to authorize appropriations to carry out the 
Atlantic Striped Bass Conservation Act for fiscal years 1989 through 
1991, and for other purposes'', approved November 3, 1988 (102 Stat. 
2986; 16 U.S.C. 1851 note) is repealed.